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HomeMy WebLinkAbout10E - Ord Amd for Churches MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JULY 7,2003 10E CYNTHIA KIRCHOFF, AICP, PLANNER CONSIDER APPROVAL OF AN ORDINANCE AMENDMENT CONCERNING RELIGIOUS INSTITUTIONS IN COMMERCIAL USE DISTRICTS (Case File #03-51) History: The purpose of this public hearing is to consider an amendment to the Zoning Ordinance to allow religious institutions as uses permitted with conditions in the C-1 (Neighborhood Commercial), C-2 (Community Business), C-3 (Specialty Retail), and C-4 (General Business) use districts. This amendment would provide additional use districts for religious institutions, such as churches, to locate within the City. The impetus for this amendment is the potential reuse of the Assembly of God Church located at the intersection of Boudin Street and TH 13. The property to the north and south is zoned and designated for commercial uses. Furthermore, it is located on an arterial roadway, which lends to more intense land uses. Currently, the Zoning Ordinance allows religious institutions as uses permitted with conditions in the R-S (Rural Subdivision Residential), R-1 (Low Density Residential), R-2 (Low-Medium Density Residential), R-3 (Medium Density Residential), and R-4 (High Density Residential) use districts. (Note: Religious institutions are defined as "a facility where people gather to relate or manifest faithful devotion to an acknowledged ultimate reality or deity. This use is characterized by meeting rooms, education and training practice, indoor activities, intermittent parking needs, and group singing or chanting and music. The assembly typically meets on weekends 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 1:\03 files\03 ordin amend\03 zoning\churc~ i!Q~rapji~~~6IffR Page 1 or evenings. The building may be utilized at other times for meetings and other activities. Accessory uses that frequently accompany the principal use include day care and park and ride.") Current Circumstances: On June 9, 2003, the Planning Commission held a public hearing on this amendment and recommended denial by a vote of 3 to 1. The majority of the Commissioners did not support the change due to the limited amount of commercially designated and zoned land. Furthermore, they cited that there was no imminent need for the change. As a result of religious institutions being limited to residential use districts, existing churches are designated for residential uses on the 2020 Comprehensive Land Use Plan Map. Some of the parcels, however, are probably more appropriately designated for commercial uses, based upon their location and the surrounding land uses. One means of rectifying this situation is to amend the Zoning Ordinance to allow religious institutions in commercial use districts. There are advantages and disadvantages to this proposed amendment, as elaborated in the following table. TABLE 1 ADVANTAGES AND DISADVANTAGES OF RELIGIOUS INSTITUTIONS IN COMMERCIAL USE DISTRICTS Advantages: 1. Allows reuse of existing churches as commercial uses. 2. Allows land to be planned and zoned for appropriate uses by characteristics of the land rather than the existing use. Disadvantages: 1. Potential for noncommercial and tax exempt status of limited available commercial land. 2. Reuse of existing commercial space may limit redevelopment of these areas. 1:\03 files\03 ordin amend\03 zoning\churches in comm districts\cc report.doc Page 2 3. Potential parking issues associated with the reuse of existing commercial buildings for churches. Staff surveyed other suburban communities' regulations concerning religious institutions in commercial zoning or use districts. The majority of communities (Apple Valley, Burnsville, Lakeville, Shakopee, and Woodbury) allow such operations as a conditional use. Since religious institutions may have accessory uses that tend to increase the intensity of the overall principle use, many communities utilize the conditional use permit process to mitigate adverse impacts (e.g., vehicular traffic and expansive parking) by attaching appropriate conditions. However, the City of Savage does allow religious institutions as permitted uses in commercial zoning districts. The attached draft ordinance proposes to allow a religious institution as a use permitted with conditions in all commercial use districts, with the exception of the C-5 (Business Park) use district because of its focus as a district for office, manufacturing, and warehouse uses. In the subject amendment, religious institutions are not regulated through a conditional use permit process, as utilized by surrounding communities. Staff does not believe a public hearing process is necessary. The proposed amendment would allow religious institutions in C-1, C-2, C-3, and C-4 use districts provided the use complies with the following three conditions: 1. All buildings shall be located at least 30 feet from any lot line of a lot in an "R" use district. Purpose: A minimum setback will provide a visual separation between potentially incompatible uses, as well as provide adequate light and air to adjacent residential property. 2. A bufferyard, as determined by subsection 1107.2003, shall be constructed along all lot lines abutting an "R" use district. Purpose: A bufferyard combines distance and a visual buffer or barrier to reduce the undesirable impact of a use on neighboring property. It may consist of plantings, 1:\03 files\03 ordin amend\03 zoning\churches in comm districts\cc report.doc Page 3 ---r----- fences, walls and/or berms to eliminate or reduce potential nuisances. 3. Access shall be from a roadway identified by the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. Purpose: The access requirement will eliminate or reduce interference of non-residential traffic with residential traffic. Furthermore, it should alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public. These conditions are similar to the conditions imposed for religious institutions in residential use districts. The development of religious institutions would also have to comply with other relevant performance standards concerning landscaping, parking, lighting, architectural standards, and signage. Issues: ZoninQ Ordinance Amendment FindinQs: Section 1108.600 of the Zoning Ordinance states that final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: 1. There is a public need for the amendment. The amendment would allow reuse of existing religious institutions, and moreover permit such uses with conditions in appropriate commercial use districts. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. Goals and objectives of the Comprehensive Plan include: · Determine and strive for a balance of commerce, industry, and population. Monitor the amount of tax exempt land held by others with the City's jurisdiction for periodic evaluation; · Encourage a diversified economic base and a broad range of employment opportunities. Encourage a 1:\03 files\03 ordin amend\03 zoning\churches in comm districts\cc report. doc Page 4 mixture and diversity of industrial and commercial land uses that will remain relatively stable under changing economic conditions; · Promote sound land use. Industrial and commercial uses should be consolidated in planned areas. Reserve sufficient space on arterial roads for neighborhood, community, and regional commercial centers. New development should contribute to the function and success of the adjacent neighborhoods and the community; and · Maintain high standards in the promotion and development of commerce and industry. Encourage, regulate, and promote non-polluting and aesthetically pleasing commercial and industrial development. Maintain proper physical site screening and landscaping standards. Develop and maintain traffic patterns keeping industrial and commercial traffic clear of residential areas. The proposed amendment strives to accomplish these goals and objectives by allowing religious institutions to operate in residential as well as commercial use districts with conditions. 3. The adoption of the amendment is consistent with State and/or Federal requirements. This amendment is consistent with Minnesota Statutes. CONCLUSION: The proposed amendment would allow a religious institution as a use permitted with conditions in the C-1, C-2, C-3, and C-4 use districts. The purpose of the change is to allow the reuse of existing churches as commercial uses. Any adverse impacts on adjacent residential uses would be mitigated with the proposed conditions. The majority of the Planning Commission did not support the amendment due to concern that allowing churches in commercial use district would negatively inhibit the development of more appropriate commercial uses. Furthermore, they cited that the reuse of an existing 1:\03 files\03 ordin amend\03 zoning\churches in comm districts\cc report.doc Page 5 AI TFRNA TIVF~: RECOMMFNnFn MOTION: ATTACHMENTS: RFVIFWED BY: church could be addressed through the rezoning of the property, rather than a zoning ordinance amendment. The City Council has three alternatives: 1. Adopt an Ordinance approving the proposed amendment as recommended by staff. 2. Deny the proposed Ordinance as recommended by the Planning Commission. 3. Defer this item and provide staff with specific direction. The staff recommends Alternative #1 . Ordinance Ame ment 03-XX anning Commission meeting minutes 1:\03 files\03 ordin amend\03 zoning\churches in comm districts\cc report. doc Page 6 ATTACHMENT 1 CITY OF PRIOR LAKE ORDINANCE NO. 03- XX AN ORDINANCE AMENDING SECTIONS 1102.902, 1102.1002, 1102.1102, AND 1102.1202 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1102.902 (C-1, Neighborhood Commercial) of the Prior Lake City Code is hereby amended as follows: Uses Permitted With Conditions. (13) Religious Institutions. Conditions: 1. All buildings shall be located at least 30 feet from any lot line of a lot in an "Rn use district. 2. A bufferyard, as determined by subsection 1107.2003, shall be constructed along all lot lines abutting an "R" use district. 3. Access shall be from a roadway identified by the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. 2. Section 1102.1002 (C-2, Community Business) of the Prior Lake City Code is hereby amended as follows: Uses Permitted With Conditions: (13) Religious Institutions. Conditions: 1. All buildings shall be located at least 30 feet from any lot line of a lot in an "Rn use district. 2. A bufferyard, as determined by subsection 1107.2003, shall be constructed along all lot lines abutting an "R" use district. 3. Access shall be from a roadway identified by the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. 3. Section 1102.1102 (C-3, Specialty Retail) of the Prior Lake City Code is hereby amended as follows: Uses Permitted With Conditions: (13) Religious Institutions. Conditions: 1. All buildings shall be located at least 30 feet from any lot line of a lot in an "R" use district. 2. A bufferyard, as determined by subsection 1107.2003, shall be constructed along all lot lines abutting an "R" use district. 1:\03 files\03 ordin amend\03 zoning\churches in comm districts\ord03-xx.doc PAGE 1 3. Access shall be from a roadway identified by the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. 4. Section 1102.1202 (C-4, General Business) of the Prior Lake City Code is hereby amended as follows: (20) Religious Institutions. Conditions: 1. All buildings shall be located at least 30 feet from any lot line of a lot in an uRn use district. 2. A bufferyard, as determined by subsection 1107.2003, shall be constructed along all lot lines abutting an "R" use district. 3. Access shall be from a roadway identified by the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this _ day of ,2003. ATTEST: City Manager Mayor Published in the Prior Lake American on the day of ,2003. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\03 files\03 ordin amend\03 zoning\churches in comm districts\ord03-xx.doc PAGE 2 Planning Commission Meeting June 9, 2003 ATTACHMENT 2 Vote taken indicated ayes by all. MOTION CARRIED. -. C. Case #03-51: Consider an amendment to the Zoning Ordinance to allow religious institutions as uses permitted with conditions in the C-1, C-2, C-3 and C-4 Commercial Use Districts. Planner Cynthia Kirchoff presented the planning report dated June 9, 2003, on file in the office of the City Planning Department. The purpose of this public hearing is to consider an amendment to the Zoning Ordinance to allow religious institutions as uses permitted with conditions in the C-l (Neighborhood Commercial), C-2 (Community Business), C-3 (Specialty Retail), and C-4 (General Business) use districts. This amendment would provide additional use districts for religious institutions, such as churches, to locate within the City. The impetus for this amendment is the potential reuse of the Assembly of God Church located at the intersection of Boudin Street and TH 13. The property to the north is zoned and designated for commercial uses. Furthermore, it is located on an arterial roadway, which lends to more intense land uses. The proposed amendment would allow a religious institution as a use permitted with conditions in the C-l, C-2, C-3, and C-4 use districts. The purpose ofthe change is to allow the reuse of existing churches as commercial uses. Any adverse impacts on adjacent residential uses would be mitigated with the proposed conditions. Staff recommended approval of the amendment as proposed. Questions from Commissioners: Stamson questioned if the City currently has any churches in the commercial districts as a nonconforming use. Kansier said "No". At the time the City did the 1999 Comprehensive Plan they made sure all the churches were out ofthe commercial districts. The Prior Lake Baptist Church is currently zoned Industrial and in order for them to do an addition, it was rezoned to a residential district. Stamson asked why it couldn't be rezoned when a church sells it property. Kansier explained a situation and the problems that would occur. This issue has come up because of the Assembly of God Church near commercial property. Kansier explained the marketing situation. The staff is looking at all churches and zoning when looking at the Comprehensive Plan. Criego questioned if this is for existing churches or new churches. Kansier responded it is for both. L:\03 Files\03 Planning Comm\03pcMinutes\MN060903.doc 6 Planning Commission Meeting June 9, 2003 Criego felt it was not logical for churches to purchase commercial-zoned land. Not sure the City would want to create a zone for that. Kansier said that would be the down side of it. A hindrance to that would be the cost of land. Criego questioned if there was any other way of solving the issue. Kansier said there was no other way, either churches would be in the district or not. The City cannot say some are okay and some are not. Criego questioned the zoning areas for Highway 13 and County Road 42. Kansier responded it was currently zoned Cl and C2. The downtown area is zoned C3. Other areas are zoned C4. There were no comments from the public and the hearing was closed. Comments from the Commissioners: Ringstad: . Staff did a great job in outlining the advantages and disadvantages of the issue. . Appreciated Criego's comments, however, if the Commissioners approve this tonight it does not mean 20 churches are going to relocate to the Prior Lake area. Things like parks and churches add value to the community. . Support proposal. Lemke: . Did not want to put up a road block to any church. . Staffhas convinced me that this is an appropriate use. . Questioned permitted use with conditions - would it be automatic if someone went into a Cl, C2, C3 or C4 and proposed to build a church? The building permit would be issued and that would be the end of it? Kirchoff said that is correct and there wouldn't be a public hearing. . Staffs comment with the price ofland would probably inhibit the change. . Agreed with staff. Stamson: . Echo Criego' s comments. The City does not currently have churches in the commercial district. And we are not looking at any thinking about being reused. . Stamson read the rezoning criteria. The procedures are in place to handle those situations. . We should look at providing the procedures when a church wants to change. . On the other hand, to open commercial land which is needed for churches is not unheard of. We allowed Shepherd ofthe Lake to rezone 40 acres that was designated as commercial land and do not see the benefit to the City. . It is going to get harder and harder to swap land. . The Commission can make a strong argument for rezoning. Many churches are in residential areas - this only applies to 2 churches. It is not necessary. There is more than ample opportunity to address the issue. L:\03 Files\03 Planning Comm\03pcMinutes\MN060903.doc 7 -r-- Planning Commission Meeting June 9, 2003 . Oppose the change. Criego: . Agreed 100 percent with Stamson. Open discussion: Lemke asked what would happen if this was not approved and the language was changed to a conditional use? Stamson said it would still be permitted; it would just have to meet certain criteria. Criego felt everyone is trying to do the right thing with the current church at issue, but going about it the wrong way. We should not expose all our commercial property because of this situation. It is not right to allow a use when we know it will reduce the amount of commercial land in the community. Prior Lake has very little commercial land available. Stamson stated in contrast there is ample residential land. The argument cannot be made that churches are being hindered or redeveloping because there is not enough Rlland. If that was the case, this might make sense. Criego felt the answer is not to change the ordinance every time there is a unique problem. Ringstad questioned if the issue before them because of the Assembly of God Church situation or is there a broader reason. Kansier said the Assembly of God situation was the trigger. If churches had been allowed in commercial districts that property would not be designated residential. It would be zoned commercial, which is more appropriate. An ordinance cannot be written to fit every need. Staff looked at other cities ordinance and considered the pros and cons and came to the conclusion that churches are generally permitted in all districts. Ifthe Commissioners feel more public review is necessary, it could be made into a conditional use permit. It is correct that churches could buy commercial property. It is a risk but commercial land values are very high compared to residential land. Stamson felt Kansier's argument is right for other communities. Prior Lake has very little commercial areas. There is plenty ofRlland. This would allow building in any of the Commercial districts and that does not make sense. In the case of downtown, the VFW could sell to a church. Same with the Priordale Mall. That is not the types use we want to promote in those areas. There are some situations where churches are sitting on Rlland but the ordinance and State law gives us a procedure to look at these incidents. That is a far better approach than opening up "c" districts to churches. '1 Lemke and Ringstad stated they were swayed by Criego and Stamson's arguments. Ringstad is not convinced that it would not be a problem or abuse to rezone to commercial at this time. L:\03 Files\03 Planning Comm\03pcMinutes\MN060903.doc 8 Planning Commission Meeting June 9, 2003 MOTION BY CRIEGO, SECOND BY STAMSON, RECOMMENDING DENYING ORDINANCE 03-XX AN ORDINANCE AMENDING SECTIONS 1102.902, 1102.1002, 1102.1102, AND 1102.1202 OF THE PRIOR LAKE CITY CODE Vote taken indicated ayes by all. Ringstad nay. MOTION CARRIED. 6. Old Business: 7. New Business: 8. Announcements and Correspondence: Kansier reminded the Commissioners of the second annual Surf and Turfworkshop on June 30th. 9. Adjournment: The meeting adjourned at 7:35 p.m. Connie Carlson Recording Secretary L:\03 Files\03 Planning Comm\03pcMinutes\MN060903.doc 9 ------"